More Constitutional Violations

The Muckster has found more violations to our Constitution. Who knew? I thought we are supposed to be a country of laws. Yeah, right. Laws to govern “We the People” but laws ignored by the lawmakers. Ironic, the way that works, isn’t it?

Democrats are eager to work with Republicans to stabilize the markets and improve [Obamacare]. At the top of the list should be ensuring cost-sharing payments are permanent, which will protect health care for millions.

Correct me if I’m wrong, but the Democrats screwed up the Affordable Care Act, and now they have the desire and know-how to repair an unfixable nightmare.

Mister Despicable Strikes Out Again

The D-Man’s statement is in direct conflict with the Obama administration, which argued in federal court that the cost-sharing reductions are permanent. This is an absolute admission the Obama administration violated federal criminal statutes and the Constitution by spending funds without an appropriation. A clear no-no that we learned in civics class.

Section 1302 of Obamacare requires health insurers to reduce cost-sharing (i.e., deductibles, co-payments, etc.) for certain low-income enrollees who buy silver plans on health insurance exchanges. The law directs the secretary of Health and Human Services (HHS) to create a program to reimburse insurers for the cost of providing these cost-sharing discounts. The law does not actually disburse funds to HHS, or any other cabinet department, to make reimbursement payments to insurers.

The Obama administration, never one to be duty-bound to the rule of law began making the payments to insurers by claiming the “text and structure” of Obamacare allowed them to do so. The House of Representatives sued, claiming a violation of its constitutional “power of the purse,” and in May 2016, Judge Rosemary Collyer agreed, ruling that the administration violated the Constitution.

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Schumer Admits Constitutional Violation

The Despicable One stood out as the Obama administration, and House Minority Leader Nancy Pelosi, both claimed, in court and everywhere else that Obamacare had a permanent appropriation for the cost-sharing payments. A federal district court judge ruled “no-no” Nancy.

New York’s denizen of deep deception raised some curious questions when he conceded Obamacare lacks a permanent appropriation for cost-sharing reductions. The Obama administration requested an explicit appropriation for the cost-sharing reduction payments that Congress promptly denied.

The Obama Administration Spent Money without an Appropriation

Since Schumer admitted there is no permanent appropriation for cost-sharing payments in Obamacare then the Obama Administration spending taxpayer money without an appropriation not only violates Article I, Section 9, Clause 7 of the Constitution:

No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.

It also violates the federal Anti-Deficiency Act, which prohibits federal employees from authorizing expenses more than available appropriations which, according to his logic, do not exist for the Obamacare cost-sharing reductions. The Anti-Deficiency Act includes not just civil, but criminal, penalties:

An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating [the Act] shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.

By calling on Congress to “ensure” permanent cost-sharing reductions, Schumer has admitted that President Obama violated the Constitution. Likewise, members of his administration have violated federal criminal statutes by spending money without an appropriation.

When will Schumer endorse a special counsel to investigate these matters?

The Obama administration and his GOATs have endorsed a strategy of ends justify the means. They want to control the health insurance market; thus, it is appropriate to violate the Constitution. Since a federal court has ruled that President Obama did in fact violate the Constitution, Pelosi and Schumer want to change the law to legitimize the Obama administration’s law-breaking. Conservatives interested in the rule of law should focus on:

Did the administration violate the Constitution and federal criminal statutes, and who should be held responsible?

When, and if, these violations have been examined and decided, Congress must debate whether to appropriate funds for the cost-sharing reductions. If Congress does not, it would undermine the Constitution that the members of Congress swore to uphold.

Who Will Win this Battle?

No president has violated our Constitution as many times as the Obama Administration has. Watch for Part 3 of “More and More Violations of Our Constitution” and why “We the People” must insist that our sacred rule of law never be violated by corrupt politicians again.

My call to action to create honesty and integrity whereas citizens realize government is the hindrance, not the answer to a bright future for their children.

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Finally, an author who brings you solutions, instead of problems.

Americans have lost faith in their overreaching federal government. “We the People” don’t need to be overregulated or have their taxes misspent. Americans are victims of a crumbling economy, high prices and stagnant wages. They view government as bloated and politicians as corrupt.

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